Driving Without a Valid License in Georgia
Have you been stopped by police for driving without a valid Georgia driver’s license? If so, then there are a few things you should know.
Georgia law (O.C.G.A. §§ 40-5-20, 40-5-121) requires that any person driving in the State of Georgia must have a valid, unexpired driver’s license from the place that he or she resides.
If you have been a resident of Georgia for 30 days, then you must obtain a Georgia driver’s license. This means that, if you move from another state, then you have 30 days to get your license in Georgia.
Driving without a valid license in Georgia is a criminal offense. In some States, traffic offenses are not technically criminal offenses, but in Georgia, traffic offenses are also criminal offenses. If you have been cited for driving without a valid license by a police officer in Georgia, then you are being charged with a criminal offense, and a plea of guilty or nolo will be a conviction of a criminal offense. The consequences for driving without a valid license become more severe each time you are convicted, including higher fines and longer jail sentences.
For a 1st offense in a 5-year window (misdemeanor), the State mandates that you serve a minimum of 2 days in jail, up to a maximum jail sentence of 12 months. Plus, you must pay a minimum $500 fine (plus court costs that can increase the total costs by hundreds of dollars). Additionally, you might become subject to a 6-month license suspension, if you try to obtain a license.
For a 2nd or 3rd offense in a 5-year window (high and aggravated misdemeanor), the State mandates that you serve a minimum of 10 days in jail, up to a maximum jail sentence of 12 months. Plus, you must pay a minimum $1,000 fine (plus court costs). Additionally, you might become subject to another 6-month license suspension.
For a 4th or higher offense (felony), the State mandates that you serve a minimum of 1 year in jail up to a maximum jail sentence of 5 years. Plus, you must pay a minimum $2,500 fine (plus court costs).
A “nolo contendere” or “nolo” or “no contest” plea will not protect you from jail, fines, or court costs, but might protect you from a license suspension.
Every court handles things differently. It helps to have an attorney who knows the prosecutors and judges in the courtroom where your case is being handled, because those people have a lot of power of what happens in your case, and an attorney’s relationship with them might make all the difference. Sometimes an attorney can guide you to “bindover” your case from a Municipal Court to a State Court with a plea of not guilty to fight the charge with a jury trial or negotiate with a different prosecutor and judge.
If you are not a citizen of the United States, then your immigration status will determine whether you can get a license in the State where you reside. Although a conviction for driving without a valid license does not necessarily cause you to suffer immigration consequences, it might have severe consequences, including loss of immigration status, detention in an ICE facility, and even deportation. The details matter.
If you are not a U.S. citizen but want to obtain a driver’s license in the State of Georgia, you will likely need to show proof of your immigration status (e.g. DACA, work authorization, lawful permanent residence (green card), Temporary Protected Status (TPS), asylum, EOIR-42B cancellation of removal, etc.) when applying for the driver’s license with the Georgia Department of Driver’s Services.
If you’ve been charged with driving without a valid license, you should always consult with an attorney.
This is especially true if you are an immigrant, because the risks are much higher, and there are special factors to consider, like the impact that a criminal conviction might have on your current immigration status or future options for immigration benefits.
Our attorney is experienced in both immigration law and criminal defense and can help you navigate the complexities of your situation. We’ve handled hundreds of cases for driving without a valid license in Georgia.
Eric Adams has great relationships with prosecutors and judges throughout the State, including all the metro Atlanta counties and north Georgia region. He’s gotten cases dismissed entirely or had the charges amended to non-jailable offenses, when possible, and also negotiated alternatives to jail, including home confinement, community service, online driving courses, and other creative solutions.
We can help you prepare your case, determine which defenses might apply, review your immigration status and any impact that the charges might have on your life. Your first consultation is free and should take less than 30 minutes to review your case in English or Spanish with one of our bilingual attorneys. Contact us through the booking page to setup a time to come and talk to us, and please bring your traffic citation and any other relevant criminal history or immigration paperwork that we might use to review your case.
This is an incomplete list of the various Municipal, Probate, Recorder’s, and State Courts where we’ve successfully defended clients charged with driving without a valid license in the State of Georgia:
